A ripsnorting U.S. Rep. James Traficant set the tone Wednesday for his defense against federal bribery and kickback charges, angrily telling the jury in opening arguments that federal prosecutors “targeted” him because he had the nerve to challenge the government while working for the men and women who sent him to Congress.
“I fought like hell for my people,” the Ohio Democrat said.
This populist theme, bellowed at top volume, came in opening arguments as the veteran Youngstown congressman–a non-lawyer representing himself in court–bitterly denounced the government for accusing him of forcing his staff to kick back cash from their paychecks as well as to bale hay and serve as unpaid ranch hands at his Ohio horse farm.
Traficant, 60, a one-of-a-kind lawmaker with a distinctive haircut and a penchant for bombast, also is accused of using his political influence to intercede on behalf of businessmen in return for such unorthodox favors as $26,000 in repairs for his rotting wooden houseboat and free oats for his beloved American saddle horses.
The congressman’s loud and rambling opening address in which he asserted, “I didn’t get a damned dime,” was juxtaposed against that of chief prosecutor Craig Morford, who methodically outlined the case of “a political Goliath” who used his influence over his staff and businesses in need of political pull “for his own selfish gain.”
In all, Morford said, the amount of free goods, services and labor Traficant received amounted to about $100,000, which “may not seem like much.”
For Traficant, though, that sum was considerable. That’s because, Morford explained, “the record is going to show that Congressman Traficant was very tight with his money.”
If convicted on all 10 charges against him, including tax evasion and racketeering, the nine-term congressman faces more than 60 years in prison and fines of more than $2 million.
He would not automatically be ousted from his congressional seat. But members of the House, where he has more friends among Republicans than fellow Democrats, could vote to eject him.
In the days leading up to the trial, expected to last eight weeks or more, Traficant refused to talk to local reporters, saying they treat him unfairly. Instead, he has taken his case to the national media, especially television.
Warnings from the bench
In numerous pretrial interviews he has portrayed himself as a crusader against big government–most fervently the Internal Revenue Service, which he calls “the Internal Rectal Service.”
Presiding over this case is U.S. District Judge Lesley Wells. Repeatedly she has sternly cut off Traficant’s spiels in court, telling him to stick to the evidence and to put his complaints in writing.
Despite those cautions, Traficant’s extemporaneous opening remarks were especially critical of the IRS, which he contended has been forced to vastly cut back on seizures of homes and wages for back taxes thanks to his congressional crusade.
That crusade, he asserted Wednesday, has led to the current charges. “Members of Congress said, `Jim, you’re crazy. Watch yourself. You’re going to be targeted. Watch what you say. Watch what you say.’ … I sure as hell didn’t watch what I said!”
This outspoken criticism often takes the form of brief statements on the House floor that conclude with his trademark, “Beam me up, Mr. Speaker.” Because of those remarks, Traficant said in court, “I have made tremendous enemies in the government.”
“This is a case of the judicial branch and the legislative branch, for whatever reason, locking horns,” he said.
This is the second time Traficant has defended himself against federal corruption charges. The first time, in 1983, he was acquitted of taking money from the mob when he was Mahoning County sheriff. He successfully persuaded the jury that he actually was conducting a sting operation. The next year, his Rust Belt boosters sent him to Congress.
Old adversaries reunite
In 1987, Traficant lost a federal tax case stemming from the 1983 matter. The prosecutor in the ’87 tax case was a young Craig Morford, the same government lawyer involved in the current prosecution.
This case against Traficant is part of a federal attack on public corruption in Mahoning County, southeast of Cleveland. There have been more than 70 convictions, including those of four judges, a former sheriff and a former county prosecutor.
Traficant warned the jury Wednesday that the scores of witnesses expected to testify against him in the coming days have been coerced to do so by the government. “Every one of these witnesses have been threatened. … One of the witnesses said, `If I didn’t have two kids, I’d blow my head off.'”
The first witness, Traficant’s former administrative counsel, Allen Sinclair, told the court Wednesday that for 13 months beginning in late 1998, he was required to give his boss $2,500 monthly cash kickbacks from his annual $60,000-a-year salary. At first, Sinclair said, the money was considered a loan, but it soon became apparent it never would be repaid.
The smoking envelope
He said that at Traficant’s urging he started to burn the envelopes that had contained the cash. But, he thought better of it, put out the fire, and saved the scorched paper, which was introduced into evidence.
Meanwhile, back at the ranch, Traficant seemed particularly irked by government claims that he demanded free farm chores from staff and businesses he had helped. These were folks who volunteered to work gratis, he said.
“Some of them wanted some exercise,” he said.
For his own part, Traficant said, “I will present evidence that I mowed, raked, tended, baled my own hay.”
